AAD Image Collection End User Agreement

The American Academy of Dermatology (“AAD”) has created an Image Collection (the “Collection”) for use by AAD members exclusively for professional educational purposes. Your use of the AAD Image Collection, including personally accessing and reviewing the Collection through AAD’s online portal and/or any subsequent use of Collection content for permitted educational purposes (together, “Image Collection Services”), are subject to the terms and requirements of this End User Agreement (the “Agreement”).

TERMS OF USE; PROHIBITED USES

All Collection images are owned or licensed by AAD and remain the intellectual property of their legal copyright owner(s). Your use of Image Collection Services is subject to the following terms of use:

Authorized User Only: Images Collection Services may only be used by AAD members who have reviewed and executed this Agreement. You shall be the sole authorized user of Image Collection Services under this Agreement. You may not allow other users to access the Collection through your AAD account and may not share your AAD account credentials with any other individuals without AAD’s prior written approval.

Noncommercial Educational Uses Only: Your use of Image Collection Services may only be for: (1) personal professional education; or (2) non-commercial professional education activities you conduct including clinical education, consulting with other healthcare professionals, lectures or other trainings conducted within your institution, or non-commercial educational events conducted in connection with nonprofit dermatological training or professional organizations (together, “Educational Uses”).

Original Watermark/Source Statement Required: You must include all original AAD-imposed watermarks and/or source references when reproducing or distributing Collection content.

No Modifications: Except for resizing as may be required for permitted Educational Uses (which must maintain the original aspect ratio of the image(s) used), you may not modify or manipulate Collection content in any manner including cropping, image adjusting, adding overlaid text or watermarks, deleting original overlaid texts or watermarks, manipulation using photo editing software, or any other changes.

Distribution of Educational Materials Limited: Materials containing Collection content generated for Educational Uses (“Educational Materials”) may not be reproduced or distributed beyond their initial Educational Use(s). Any materials you create containing Collection content that may be downloaded, reproduced, and/or distributed in connection with an Educational Use, such as handouts or presentation materials, must (i) remain within, and be distributed through, an access-controlled environment restricted to the audience of the initial Educational Use event; (ii) be accompanied by the following additional copyright statement, clearly displayed in connection with each Collection image: “American Academy of Dermatology licensed image. Do not reproduce or distribute. Non-commercial educational use only.”; and (iii) must not use images containing any personally identifiable characteristics of the image source.

In addition to any other uses that fail to comply with the terms above, the following uses are explicitly prohibited:

No Distribution or Posting: Except when strictly limited to the audience of your permitted Educational Use(s), you may not post, share, or distribute Collection content on any website, social media platform, image repository, peer-to-peer network, or any other third-party service or platform.

No Third-Party Capture: You may not allow Collection content to be copied, scraped, uploaded, analyzed, or otherwise captured by any non-AAD device, program, algorithm, or methodology, including but not limited to those using machine learning or other artificial intelligence capabilities.

No Publications: You may not use Collection content in any publications, whether in print or digital media, including educational, research, and/or academic publications. Please contact AAD for additional licensing information regarding use of Collection content in publications.

TERMINATION OF USE

AAD reserves the right to restrict, suspend, or terminate your access to, or use of, the Image Collection Services or to specific Collection content at any time. Upon receipt of AAD’s termination or suspension request, you agree to immediately cease all current and future uses of the relevant content and to remove said content from all materials you control.

DISCLAIMER

YOU ACKNOWLEDGE THAT THE IMAGE COLLECTION SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND/OR NON-INFRINGEMENT. THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

LIABILITY; INDEMNIFICATION

YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF IMAGE COLLECTION SERVICES AND ANY SUBSEQUENT ACTIVITES, INCLUDING PERMITTED EDUCATIONAL USES, BASED ON OR INVOLVING COLLECTION CONTENT. IN NO EVENT SHALL AAD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, LICENSEES, LICENSORS, OR ADVISORS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE COLLECTION OR CONTENT THEREIN (THE “RELEASED PARTIES”), BE LIABLE FOR ANY CLAIMS OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF THE USE OF, THE INABILITY TO USE, OR ERRORS, OMISSIONS, INTERRUPTIONS, OR OTHER INACCURACIES IN, THE IMAGE COLLECTION SERVICES, THE CONTENT THEREIN, OR ANY MATERIALS TO THE EXTENT BASED ON OR INVOLVING SUCH CONTENT, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AAD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, LICENSEES, LICENSORS, AND ADVISORS (THE “INDEMNIFIABLE PARTIES”) FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS OR LOSSES RESULTING FROM, ARISING OUT OF, OR RELATED TO YOUR USE OF THE IMAGE COLLECTION SERVICES OR YOUR VIOLATION OF THIS AGREEMENT.

MISCELLANEOUS

This Agreement shall be governed by and construed under the laws of the State of Illinois. Any legal action brought with respect to this Agreement shall be brought in Cook County, Illinois. In the event that any provision of this Agreement is finally determined to be unenforceable or invalid, such holding shall have no effect on the remaining provisions of this Agreement, and they shall continue in full force and effect. The failure of AAD to enforce any terms under this Agreement or to take any action against you in the event of any breach of this Agreement shall not be deemed a waiver by AAD as to subsequent enforcement of its rights in the event of a future breach. This represents the entire agreement between you and AAD with respect to your use of the AAD Image Collection. You may not modify or assign this Agreement without AAD’s prior written consent.